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1. The Defendant (Counterclaim Plaintiff) from July 30, 2013 to Plaintiff (Counterclaim Defendant) with respect to KRW 200 million and KRW 100 million among them.
Reasons
1. Basic facts
A. On June 4, 2007, Plaintiff B concluded a contract on April 30, 2008, setting the contract amount of KRW 2.3892 million (the total amount of KRW 2.1772 million supplied and value-added tax KRW 217.2 billion) for the construction of officetels on the land in Ulsan-gu, Nam-gu, Nam-gu, Seoul (hereinafter “KD case”) and the completion date of the construction work as of April 30, 2008.
B. However, the construction of the instant officetel up to the sixth floor above the ground level, and the Plaintiff B, on June 23, 2009, concluded a contract with the Defendant (hereinafter “instant primary contract”) under which (i) the instant officetel was changed as of October 21, 2010, and (ii) the construction cost of the instant officetel was KRW 3.5 billion (the supply price is KRW 3.5 billion, value-added tax is not value), and (iii) the completion date of the construction, on December 30, 2009, the construction of the instant officetel was ordered to suspend the said construction due to default. The Plaintiff B, on June 23, 2009, concluded a contract with the Defendant (hereinafter “instant primary contract”).
However, notwithstanding the name of the above contract, D, who is not the defendant, actually performed the above new construction work.
C. However, D suspended the said construction on September 2009, and Plaintiff B again changed the completion date to May 31, 201 only to the Defendant on November 25, 2010, and the remainder was the same as that of the contract on June 23, 2009 (Provided, That with respect to payment, KRW 3 billion shall be paid to the contractor by means of a sale certificate, and KRW 500 million shall be paid in cash) (hereinafter “instant secondary contract”).
After completion of the construction under the instant secondary contract, the Defendant completed the construction on June 1, 2012, and completed the Etel of the scale of 13 floors above the ground and 13 floors above the ground (hereinafter “instant building”).